CITY OF KENNEWICK v. DAY

No. 67994-1.

11 P.3d 304 (2000)

142 Wash.2d 1

CITY OF KENNEWICK, Respondent, v. Doug R. DAY, Petitioner.

Supreme Court of Washington, En Banc.

Decided October 12, 2000.


Attorney(s) appearing for the Case

James Egan, Kennewick, for Petitioner.

John Stephen Ziobro, Kennewick City Attorney, for Respondent.


MADSEN, J.

Doug R. Day was convicted by a Benton County District Court jury of possession of marijuana and possession of drug paraphernalia. At trial, Day asserted the defense of "unwitting possession." The trial court excluded testimony regarding Day's reputation for sobriety from drugs and alcohol, finding this was not evidence of a "pertinent trait of character" under ER 404(a)(1). We hold that the trial court abused its...

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